1 Name of regulations
These regulations are the Crimes Regulations 1990.
2 Interpretation
In these regulations, unless the contrary intention appears:
the Act means the Crimes Act 1914.
3 Prescribed forms
The form in Schedule 3 referred to in Column 3 of an item in Schedule 1 is prescribed for the purposes of the provision of the Act specified in Column 2 of that item.
4 Optional forms
The form in Schedule 3 referred to in Column 3 of an item in Schedule 2 may be used for the purposes of the provision of the Act specified in Column 2 of that item.
4A Corresponding State controlled operations laws
For the definition of corresponding State controlled operations law in section 15GC of the Act, the provisions mentioned in the following table are prescribed.
Corresponding State controlled operations laws |
Item | Jurisdiction | Law | Provisions |
1 | New South Wales | Law Enforcement (Controlled Operations) Act 1997 (NSW) | All |
2 | Victoria | Crimes (Controlled Operations) Act 2004 (Vic.) | All |
3 | Queensland | Crime and Misconduct Act 2001 (Qld) | Chapter 3, Part 6A |
4 | Queensland | Police Powers and Responsibilities Act 2000 (Qld) | Chapter 11 Chapter 24, Part 5, Divisions 1 and 3 |
5 | Western Australia | Criminal Investigation (Covert Powers) Act 2012 (WA) | Part 2 |
6 | Tasmania | Police Powers (Controlled Operations) Act 2006 (Tas.) | All |
7 | Australian Capital Territory | Crimes (Controlled Operations) Act 2008 (ACT) | All |
4B Requirements for indemnification—civil liability (Act s 15HB)
For paragraph 15HB(f) of the Act, the following requirements are specified:
(a) the participant must notify the chief officer of the relevant agency in writing, and as soon as practicable, of:
(i) any conduct that:
(A) in the course of duty, for a controlled operation, he or she engages in; and
(B) is likely to result in legal proceedings against the participant, or the Commonwealth; and
(ii) any proceedings arising in relation to liability that he or she may have incurred because of the conduct;
(b) in any proceedings, the participant must:
(i) authorise the Commonwealth to control the conduct of the defence proceedings; and
(ii) if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and
(iii) give, and authorise his or her legal representative to give, to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and
(iv) if an award of costs is made in his or her favour:
(A) take all steps directed by the Commonwealth to recover the award; and
(B) pay to the Commonwealth any recovered costs;
(c) the participant must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the chief officer.
4BAA ACC prescribed delegates (Act s 15HG and 15MX)
For subparagraphs 15HG(5)(c)(ii) and 15MX(3)(c)(ii) of the Act, an SES employee who is a member of the staff of the ACC, within the meaning of section 47 of the Australian Crime Commission Act 2002, or any person occupying an equivalent or higher position in the ACC, is prescribed.
4BAB Corresponding assumed identity law
For the definition of corresponding assumed identity law
in section 15K of the Act, the provisions mentioned in the following table are prescribed.
Corresponding assumed identity laws |
Item | Jurisdiction | Law | Provisions |
1 | New South Wales | Law Enforcement and National Security (Assumed Identities) Act 2010 (NSW) | All |
2 | Victoria | Crimes (Assumed Identities) Act 2004 (Vic.) | All |
3 | Queensland | Crime and Misconduct Act 2001 (Qld) | Chapter 3, Part 6B |
4 | Queensland | Police Powers and Responsibilities Act 2000 (Qld) | Chapter 12 Chapter 24, Part 5, Divisions 1 and 4 |
5 | Western Australia | Criminal Investigation (Covert Powers) Act 2012 (WA) | Part 3 |
6 | South Australia | Criminal Investigation (Covert Operations) Act 2009 (SA) | Part 3 |
7 | Tasmania | Police Powers (Assumed Identities) Act 2006 (Tas.) | All |
8 | Australian Capital Territory | Crimes (Assumed Identities) Act 2009 (ACT) | All |
4C Requirements for indemnification—assumed identity (Act s 15KS)
For paragraph 15KS(2)(c) of the Act, the following requirements are specified:
(a) the authorised person must notify the chief officer of the relevant agency in writing, and as soon as practicable, of:
(i) any conduct that:
(A) in the course of duty, he or she engages in in acquiring evidence of, or using, an assumed identity; and
(B) is likely to result in legal proceedings against the authorised person, or the Commonwealth; and
(ii) any proceedings arising in relation to liability that he or she may have incurred because of the conduct;
(b) in any proceedings, the authorised person must:
(i) authorise the Commonwealth to control the conduct of the defence proceedings; and
(ii) if the Commonwealth so requires, accept the Australian Government Solicitor or another nominated legal practitioner as his or her legal representative; and
(iii) give to the Commonwealth, and authorise his or her legal representative to give to the Commonwealth, all assistance and information required by the Commonwealth in relation to the conduct of the proceedings; and
(iv) if an award of costs is made in his or her favour:
(A) take all steps directed by the Commonwealth to recover the award; and
(B) pay to the Commonwealth any recovered costs;
(c) the authorised person must not make any written or oral agreement to settle the proceedings, in full or in part, unless the terms of the agreement have been approved by the chief officer.
4D Corresponding witness identity protection law
For the definition of corresponding witness identity protection law in subsection 15M(1) of the Act, the provisions mentioned in the following table are prescribed.
Corresponding witness identity protection laws |
Item | Jurisdiction | Law | Provisions |
1 | Victoria | Evidence (Miscellaneous Provisions) Act 1958 (Vic.) | Part IIAA and sections 161 and 162 |
2 | Queensland | Evidence Act 1977 (Qld) | Part 2, Division 5 |
3 | Western Australia | Criminal Investigation (Covert Powers) Act 2012 (WA) | Part 4 |
4 | South Australia | Criminal Investigation (Covert Operations) Act 2009 (SA) | Part 4 |
5 | Tasmania | Witness (Identity Protection) Act 2006 (Tas.) | All |
4E Meaning of civil proceeding
For paragraph 15MB(2)(d) of the Act, each of the following is prescribed:
(a) an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;
(b) an examination conducted under Part 3‑1 of the Proceeds of Crime Act 2002.
4F Use of video recordings—specified persons
For paragraph 15YM(1)(a) of the Act, a member of a police force, or other law enforcement agency, of a foreign country is specified.
5 Prescribed State pre‑release permit schemes
(1) For subsection 19AZD(3) of the Act, the pre‑release permit schemes mentioned in the table are prescribed.
Item | Pre‑release permit scheme | Law under which scheme is made |
1 | Scheme for releasing a prisoner under a release to work order or a home detention order | Part 1 of Chapter 5 of the Corrective Services Act 2000 of Queensland |
2 | Scheme for releasing a prisoner under a work release order | Part 4 of the Sentence Administration Act 1995 of Western Australia |
3 | Scheme for releasing a prisoner under a home detention order | Part 5 of the Sentence Administration Act 1995 of Western Australia |
4 | Scheme for releasing a prisoner under a re‑entry release order | Part 4 of the Sentence Administration Act 2003 of Western Australia |
5 | Scheme for releasing a prisoner to serve a period of home detention | Division 6A of Part 4 of the Correctional Services Act 1982 of South Australia |
Note: Some of the laws mentioned in the table have been repealed but the prescribed schemes continue to have some effect under transitional provisions.
(2) A federal offender who is a non‑citizen is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would result in the offender:
(a) becoming an unlawful non‑citizen; and
(b) being liable to detention and removal from Australia under the Migration Act 1958.
(3) A federal offender who is subject to a deportation order under the Migration Act 1958 is not eligible to participate in a pre‑release permit scheme prescribed in subregulation (1) if participation would make the offender liable for detention and deportation from Australia under that Act.
(4) A person convicted of a federal offence is not eligible to participate in the pre‑release permit scheme mentioned in item 3 of the table in subregulation (1) if the person is subject to a recognizance release order in relation to the offence.
6 Prescribed State and Territory orders
For section 20AB of the Act, the orders mentioned in the table are prescribed.
Item | Prescribed order | Law under which order is made |
1 | Home detention order | Part 2 of the Crimes (Sentencing Procedure) Act 1999 of New South Wales |
2 | Intensive correction order | (a) Section 7 of the Crimes (Sentencing Procedure) Act 1999 of New South Wales; or (b) Division 6 of Part 4 of the Fines Act 1996 of New South Wales |
3 | Community correction order | Part 3A of the Sentencing Act 1991 of Victoria |
4 | Intensive correction order | Part 6 of the Penalties and Sentences Act 1992 of Queensland |
5 | Community based order | Part 9 of the Sentencing Act 1995 of Western Australia |
6 | Intensive supervision order | Part 10 of the Sentencing Act 1995 of Western Australia |
7 | Good behaviour order | Part 3.3 of the Crimes (Sentencing) Act 2005 of the Australian Capital Territory |
8 | Home detention order | Chapter 2 of the Rehabilitation of Offenders (Interim) Act 2001 of the Australian Capital Territory |
9 | Order setting a period of a sentence of imprisonment to be served by periodic detention | Crimes (Sentencing) Act 2005 of the Australian Capital Territory |
10 | Community based order | Division 4A of Part 3 of the Sentencing Act (NT) |
11 | Community custody order | Subdivision 2A of Division 5 of Part 3 of the Sentencing Act (NT) |
12 | Community work order | Division 4 of Part 3 of the Sentencing Act (NT) |
13 | Home detention order | Subdivision 2 of Division 5 of Part 3 of the Sentencing Act (NT) |
Note: Some of the laws mentioned in the table have been repealed but the prescribed orders continue to have some effect under transitional provisions.
6AA Offences for which a court may impose certain conditions (Act s 22)
For paragraph 22(1)(b) of the Act, indictable offences against the Australian Passports Act 2005 and the Foreign Passports (Law Enforcement and Security) Act 2005 are prescribed.
6A Aboriginal legal aid organisations
For the purposes of subsection 23B(1) of the Act, an organisation specified in Schedule 3A is identified as an Aboriginal legal aid organisation.
6B Appropriately qualified persons
(1) For paragraph (b) of the definition of appropriately qualified in section 23WA of the Act, a person mentioned in an item in Schedule 3B is qualified to carry out the forensic procedure mentioned in that item.
(2) In Schedule 3B, a reference to a forensic scientist or forensic technician is a reference to a person engaged (whether as an employee or otherwise) in that capacity by:
(a) the Australian Federal Police; or
(b) the police force or police service of a State or Territory.
6D Prescribed persons—use or disclosure of information on DNA databases
For the purposes of paragraphs 23YDAE(2)(d) and 23YO(2)(a) and (d) of the Act, a person is prescribed if:
(a) the person is engaged or employed by a forensic laboratory that is accredited with the National Association of Testing Authorities of Australia; and
(b) in that capacity, the person provides forensic services to law enforcement officers of the Commonwealth, a State or a Territory.
6E Corresponding laws—forensic procedures
(1) For the purposes of the definition of corresponding law in section 23YUA of the Act, the following laws are prescribed:
(a) the Crimes (Forensic Procedures) Act 2000 of New South Wales;
(b) Subdivision (30A) of Division 1 of Part 3 of the Crimes Act 1958 of Victoria;
(ba) Chapter 17 of the Police Powers and Responsibilities Act 2000 of Queensland;
(bb) Part 2A of, and Schedules 1 and 7 to, the Police Powers and Responsibilities Regulation 2000 of Queensland;
(c) the Criminal Investigation (Identifying People) Act 2002 of Western Australia;
(d) the Criminal Law (Forensic Procedures) Act 2007 (SA);
(e) the Forensic Procedures Act 2000 of Tasmania;
(f) the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory;
(g) Division 7 of Part VII of the Police Administration Act of the Northern Territory.
(2) In particular, and without limiting the generality of subregulation (1), the provisions of corresponding laws mentioned in an item in Schedule 3C are taken to substantially correspond to the provision of Part 1D of the Act mentioned in that item.
7 Specified circumstances—paragraph 85ZKB(2)(c) of the Act
For the purposes of paragraph 85ZKB(2)(c) of the Act, the following circumstances are specified:
(a) in relation to the advertising, displaying, offering for sale or sale of an apparatus or device, where the apparatus or device:
(i) is advertised, displayed or offered for sale; or
(ii) is sold;
for a purpose related to interception of communications that is not in contravention of subsection 7(1) of the Telecommunications (Interception) Act 1979 because of subsection 6(3) or 7(2) of that Act;
(b) in relation to the manufacture or possession of an apparatus or device, where the apparatus or device:
(i) is manufactured; or
(ii) is in the possession of a person;
for a purpose related to a circumstance specified in paragraph (a);
(c) in relation to the manufacture of an apparatus or device, where the apparatus or device is manufactured for a purpose related to interception by a person in the course of the person’s duties relating to interception of communications passing over a telecommunications system (being a telecommunications system within the meaning of the Telecommunications (Interception) Act 1979), that is interception of communications otherwise than in contravention of subsection 7(1) of that Act;
(d) in relation to the manufacture, sale or possession of an apparatus or device, where the apparatus or device is to be exported from Australia;
(e) in relation to the manufacture, offering for sale, sale or possession of an apparatus or device, where the apparatus or device:
(i) is manufactured; or
(ii) is offered for sale; or
(iii) is sold; or
(iv) is in the possession of a person;
for a purpose related to the use of a listening device under Division 1A of Part XII of the Customs Act 1901, Division 2 of Part II of the Australian Federal Police Act 1979, Division 2 of Part III of the Australian Security Intelligence Organization Act 1979 or a law of a State or Territory;
(f) in relation to the possession of an apparatus or device, where the possession of the apparatus or device is related to the person’s duties relating to the investigation or prosecution of offences under the Telecommunications (Interception) Act 1979 or Part VIIB of the Crimes Act 1914.
7A Exclusions from Divisions 2 and 3 of Part VIIC of Act (Act s 85ZZGB, 85ZZGC and 85ZZGD)
For sections 85ZZGB, 85ZZGC and 85ZZGD of the Act, each law mentioned in an item in the following table is prescribed for each person or body mentioned in the item.
Item | Prescribed person or body | Prescribed law |
1 | Commission for Children and Young People Department of Education and Communities Department of Health Catholic Commission for Employment Relations | Commission for Children and Young People Act 1998 (NSW) |
2 | Secretary to the Department of Justice | Working with Children Act 2005 (Vic) |
3 | Commissioner for Children and Young People and Child Guardian | Commission for Children and Young People and Child Guardian Act 2000 (Qld) |
4 | Queensland College of Teachers | Education (Queensland College of Teachers) Act 2005 (Qld) |
5 | Chief executive officer of the Department for Child Protection | Working with Children (Criminal Record Checking) Act 2004 (WA) |
6 | Screening Authority | Care and Protection of Children Act (NT) |
Note: The Northern Territory’s Screening Authority is known as SAFE NT.
8 Exclusions from Division 3 of Part VIIC of Act (Act s 85ZZH)
(1) For the purposes of paragraph 85ZZH(k) of the Act, the persons and bodies specified in column 2 of Schedule 4 are prescribed for the purposes, and in relation to convictions for the offences, respectively specified in columns 3 and 4 of that Schedule in relation to those persons and bodies.
(2) In Schedule 4, drug offence means an offence constituted by the production, possession, supply, importation or export of a substance that is:
(a) a narcotic substance within the meaning of the Customs Act 1901; or
(b) a drug within the meaning given by:
(i) subregulation 9A(1) of the Customs (Prohibited Exports) Regulations 1958; or
(ii) subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.
(3) In Schedule 4, designated offence has the meaning given by section 85ZL of the Act.
9 Repeal
Statutory Rules 1982 No. 296, 1985 No. 179, 1987 No. 43 and 1990 Nos. 32 and 156 are repealed.
10 Savings
Nothing in these Regulations affects the operation of an order made before the commencement of these Regulations under section 20AB of the Act.
11 Transitional matters relating to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
(1) For item 19 of Part 3 of Schedule 4 to the Amendment Act, Part 1 of Schedule 5 has effect.
(2) For subitem 17(1) of Part 3 of Schedule 3 and item 19 of Part 3 of Schedule 4 to the Amendment Act, Part 2 of Schedule 5 has effect for a pre‑commencement controlled operation.
(3) For item 19 of Part 3 of Schedule 4 and subitem 20(1) of Part 3 of Schedule 3 to the Amendment Act, Part 3 of Schedule 5 has effect for the continued operation of Part IAC of the Act under subitem 20(1) of Part 3 of Schedule 3 to the Amendment Act for a jurisdiction that is not a participating jurisdiction.
(4) For the definition of State controlled operations law in item 16 of Schedule 3 to the Amendment Act, the provisions mentioned in the following table, as in force when the person engaged in the conduct mentioned in item 12, or the ancillary conduct mentioned in item 14, of that Schedule, are prescribed.
Item | Jurisdiction | Law | Provisions |
1 | New South Wales | Law Enforcement (Controlled Operations) Act 1997 | All |
2 | Victoria | Crimes Act 1958 | Sections 68(2), 194(5) and 195A(5) |
3 | Victoria | Crimes (Controlled Operations) Act 2004 | All |
4 | Victoria | Drugs, Poisons and Controlled Substances Act 1981 | Section 51 |
5 | Victoria | Fisheries Act 1995 | Section 110A and Part 7A |
6 | Victoria | Gambling Regulation Act 2003 | Section 2.6.8 |
7 | Victoria | Lotteries Gaming and Betting Act 1966 | Section 80 |
8 | Victoria | Prostitution Control Act 1994 | Section 14(2) |
9 | Victoria | Summary Offences Act 1966 | Section 58 |
10 | Victoria | Vagrancy Act 1966 | Section 17 |
11 | Victoria | Wildlife Act 1975 | Section 63 and Part IX |
12 | Queensland | Crime and Misconduct Act 2001 | Chapter 3, Part 6A |
13 | Queensland | Police Powers and Responsibilities Act 2000 | Chapter 11 Chapter 24, Part 5, Divisions 1 and 3 |
14 | South Australia | Criminal Investigation (Covert Operations) Act 2009 | Parts 1 and 2, clause 3 of Schedule 1 |
15 | South Australia | Criminal Law (Undercover Operations) Act 1995 | All |
16 | Western Australia | Corruption and Crime Commission Act 2003 | Part 4, Division 5; Part 6, Division 4 and section 185 |
17 | Western Australia | Misuse of Drugs Act 1981 | Section 31 |
18 | Western Australia | Prostitution Act 2000 | Section 35 |
19 | Tasmania | Police Powers (Controlled Operations) Act 2006 | All |
20 | Australian Capital Territory | Crimes (Controlled Operations) Act 2008 | All |
21 | Northern Territory | Misuse of Drugs Act | Section 32 |
(5) In this regulation:
Amendment Act means the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
participating jurisdiction has the meaning given by subitem 20(2) of Part 3 of Schedule 3 to the Amendment Act.
pre‑commencement controlled operation has the meaning given by subitem 17 (2) of Part 3 of Schedule 3 to the Amendment Act.
Schedule 1—Prescribed forms
(regulation 3)
Column 1 Item No. | Column 2 Provision of the Act | Column 3 Number of form |
1 | Section 16BA | 1 |
2 | Subsection 19AU(2) | 3 |
3 | Subsection 19AV(2) | 4 |
4 | Subsection 19AW(1) | 5 |
Schedule 2—Optional forms
(regulation 4)
| Column 1 Item No. | Column 2 Provision of the Act | Column 3 Number of form |
1 | Subsection 19AS(1) | 2 |
2 | Subsection 19AW(2) | 6 |
3 | Paragraph 19AX(1)(b) | 7 |
4 | Subsection 19AX(2) | 8 |
5 | Subsection 19AZ(2) | 9 |
6 | Section 19B | 10 |
7 | Paragraph 20(1)(a) | 11 |
8 | Paragraph 20(1)(b) | 12 |
9 | Paragraph 20BF(3)(b) | 13 |
10 | Subsection 20BF(5) | 14 |
11 | Subsection 20BF(6) | 15 |
12 | Paragraph 20BM(3)(b) | 16 |
13 | Subsection 20BM(5) | 17 |
14 | Subsection 20BM(6) | 18 |
15 | Paragraph 20BW(1)(a) | 19 |
16 | Paragraph 20BW(1)(b) | 20 |
17 | Subsection 20BW(2) | 21 |
18 | Subsection 21B(3) | 22 |
| | | |
Schedule 3
Form 1—Form for the purposes of section 16BA
(Front of Form)
Commonwealth of Australia
Crimes Act 1914
FORM FOR THE PURPOSES OF SECTION 16BA
*Branch Office of the Director of Public Prosecutions
*Regional Office of the Attorney‑General’s Department
1
2
TO:
You are charged with the following federal *offence/*offences:
(i) 3;
(ii) 3;
before the 4 .
Information for Defendant
1. The list on the back of this document gives particulars of 5 other *offence/*offences which you are believed to have committed.
2. If you are convicted of *the charge/*any of the charges mentioned above and before sentence is passed, you may:
(a) if:
(i) the court decides; and
(ii) the prosecution agrees;
admit all or any of the offences specified on the back of this document; and
(b) ask that any of those offences that you have admitted be taken into account by the court in passing sentence for the *offence/*offences of which you have been convicted.
3. If you are convicted and the court does take any of the offences that you have admitted into account, the maximum sentence that may be passed upon you for *the offence/*any offence of which you have been convicted will still be the maximum penalty that the court could have imposed on you for the offence if no other offence had been taken into account.
4. If the court takes an offence that you have admitted into account, the court may make such orders about reparation, restitution, compensation, costs and forfeiture as it could have made if you had been convicted before the court of the offence, but will not impose any other punishment for the offence.
5. No proceedings may be taken or continued against you for an offence taken into account by the court in respect of a conviction unless the conviction in respect of which the offence has been taken into account has been quashed or set aside.
6. If, in the circumstances mentioned in paragraph 5:
(a) proceedings are taken or continued against you for an offence that you have admitted; or
(b) if the court does not for any reason take anyone or more of the offences that you have admitted into account;
your admission cannot be used as evidence against you in any proceedings taken or continued for the offence about which the admission was made or for any other offence listed on the back of this document.
6
7
*Director of Public Prosecutions/*A person authorised by the Director of Public Prosecutions under subsection 16BA (1) of the Crimes Act 1901/*A person appointed under section 69 of the Judiciary Act 1903
8
Acknowledgment
I, 2 , acknowledge receipt of a copy of this document.
9
8
CERTIFICATE
This is to certify that in passing sentence on 2
for the *offence/*offences listed above
of which 2 has
been convicted, the court has taken into account the *offence/*offences admitted by 2 which are numbered
10 in the list on the back of this document.
Dated 8 .
11
*Judge of 4/*Magistrate
(Back of Form)
Crimes Act 1914, section 16BA
Federal offences which you are believed to have committed
Item
number | Place where offence was committed | Date of
offence | Brief description of offence |
| | | |
1 insert address
2 insert name of defendant
3 insert details of offences
4 insert name of court
5 insert number of offences listed
6 signature of the Director of Public Prosecutions, person authorised by the Director of Public Prosecutions under subsection 16BA (1) of the Crimes Act 1914 or person appointed under section 69 of the Judiciary Act 1903
7 insert full name of person authorised by the Director of Public Prosecutions under subsection 16BA (1) of the Crimes Act 1914 or of person appointed under section 69 of the Judiciary Act 1903
8 insert date
9 signature of defendant
10 insert the number of each offence taken into account
11 signature of judge or magistrate
* omit if inapplicable
Form 2—Warrant under section 19AS authorising the detention of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SECTION 19AS AUTHORISING THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1 :
I, 3 , *a Judge of 4/*Magistrate:
(a) under paragraph 19AS (1) (c) of the Crimes Act 1914 authorise those members in 1 to take 5 to 2 in 1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and
(b) authorise the officer in charge of 2 in 1 to receive 5 into your custody and imprison *him/*her for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule.
This warrant is issued because 5 is a person:
(a) who is serving or is to serve a federal sentence within the meaning of Part 1B of the Crimes Act 1914; and
(b) who was released on parole or licence under that Act; and
(c) whose parole or licence is taken to have been revoked under section 19AQ of that Act, because one or more further federal State or Territory sentences have been imposed on *him/*her; and
(d) who has become liable under section 19AQ to serve the part of each of the sentences referred to in paragraph (a) that *he/*she had not served at the time of *his/*her release.
SCHEDULE
DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED
1. 6
2.
3.
Dated 7.
8
*Judge of 4/*Magistrate
1 insert State or Territory
2 insert name of prison
3 insert full name of judge or magistrate
4 insert name of court
5 insert full name of person
6 insert details of each outstanding sentence commencing with the longest outstanding sentence
7 insert date
8 signature of judge or magistrate.
* omit if inapplicable
Form 3—Notice of revocation under subsection 19AU(2)
Commonwealth of Australia
Crimes Act 1914
NOTICE OF REVOCATION UNDER SUBSECTION 19AU (2)
To 1, a person to whom *a parole order under section 19AL/* a licence under section 19AP of the Crimes Act 1914 relates:
I, 2, Attorney‑General of the Commonwealth of Australia, under subsection 19AU (2) of the Crimes Act 1914 notify you that:
*(a) you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i) 3; and
(ii) 3; and
*(a) I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i) 3; and
(ii) 3; and
(b) I propose to revoke that *parole order/*licence at the end of 14 days after the date of this notice unless:
(i) you give me reasons, in writing, why the *parole order/*licence should not be revoked; and
(ii) I accept those reasons.
This notice has been issued because
* 1 failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.
* there are reasonable grounds for suspecting that 1 has failed to comply with *a condition/*conditions of the *parole order/*licence during the *parole period/*licence period.
Dated 4.
5
Attorney‑General
1 insert full name of person
2 insert full name of Attorney‑General
3 list details of each condition which has allegedly been breached
4 insert date
5 signature of Attorney‑General
* omit if inapplicable
Form 4—Warrant for arrest under subsection 19AV(2)
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER SUBSECTION 19AV (2)
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
I, 2 , 3 , a prescribed authority within the meaning of the Crimes Act 1914, under subsection 19AV (2) of that Act, authorise and request you to arrest 4 and bring *him/*her, as soon as practicable, before a magistrate in the *State/*Territory in which *he/*she is arrested to be dealt with according to law.
This warrant is issued because:
(a) the *Attorney‑General/*Director of Public Prosecutions has applied under subsection 19AV (2) of the Crimes Act 1914 for the issue of this warrant; and
(b) I am satisfied that the *parole order/*licence relating to 4 has been revoked under subsection 19AU (2) of that Act.
Dated 5.
6
3
1 insert State or Territory
2 insert full name of prescribed authority
3 designation of prescribed authority
4 insert full name of person to whom warrant relates
5 insert date
6 signature of prescribed authority
* omit if inapplicable
Form 5—Warrant under subsection 19AW(1) authorising the detention of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 19AW (1) AUTHORISING THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914:
(a) under paragraph 19AW (1) (d) of that Act authorise those members in 1 to take 5 to 2 in 1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and
(b) under paragraph 19AW (1) (e) of that Act authorise the officer in charge of 2 in 1 to receive
5 into your custody and imprison *him/*her for the *term/*terms of the *sentence/*sentences of imprisonment specified in the Schedule*./*; and
*(c) under paragraph 19AW (1) (f) of that Act fix the non‑parole period in respect of the *sentence/*sentences at 6.
This warrant is issued because:
(a) the Attorney‑General acting under subsection 19AU (2) of the Crimes Act 1914 has revoked the *parole order/*licence relating to 5; and
(b) I am satisfied that:
(i) 5 is the person named in that revocation order; and
(ii) 5 was notified by the Attorney‑General of the proposal to make the revocation order; and
(iii) the revocation order is still in force.
SCHEDULE
DETAILS OF *SENTENCE/*SENTENCES TO BE SERVED
7
Dated 8.
9
1 insert State or Territory
2 insert name of prison77
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert length of non‑parole period
7 insert details of each sentence
8 insert date
9 signature of prescribed authority
* omit if inapplicable
Form 6—Warrant under subsection 19AW(2) authorising the remand of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 19AW (2) AUTHORISING THE REMAND OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914:
(a) under subsection 19AW (2) of that Act authorise those members in 1 to take 5 to 2 in 1
and deliver *him/*her to the officer in charge of that prison, together with this warrant; and
(b) authorise the officer in charge of 2 in 1
to receive 5 into your custody and keep *him/*her until 6 when you are to have 5
brought before this Court at 7.
This warrant is issued because:
(a) a hearing under subsection 19AW (1) of the Crimes Act 1914 is not completed; and
(b) I am satisfied that it is necessary to remand 5 in custody.
Dated 8.
9
4
1 insert State or Territory
2 insert name of prison
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert time and date
7 insert address of court
8 insert date
9 signature of prescribed authority
* omit if inapplicable
Form 7—Order under paragraph 19AX(1)(b) for the detention of a person
Commonwealth of Australia
Crimes Act 1914
ORDER UNDER PARAGRAPH 19AX (1) (b) FOR THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914:
(a) under paragraph 19AX (1) (b) of that Act authorise those members in 1 to take 5 to 2
in 1 and deliver *him/*her to the officer in charge of that prison, together with this warrant; and
(b) authorise the officer in charge of 2 in 1 to receive 5 into your custody and detain *him/*her until:
(i) the Attorney‑General orders that the revocation order under subsection 19AV (2) of that Act be rescinded; or
(ii) until the completion of proceedings under subsection 19AW (1) of that Act.
This warrant is issued because:
(a) the Attorney‑General acting under subsection 19AU (2) of the Crimes Act 1914 has revoked the *parole order/*licence relating to 5; and
(b) I am satisfied that 5 is the person named in that revocation order; and
(c) I am not satisfied that 5 was notified by the Attorney‑General of the proposal to make the revocation order.
Dated 6.
1 insert State or Territory
2 insert name of prison
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert date
7 signature of prescribed authority
* omit if inapplicable
Form 8—Notification of breach under subsection 19AX(2)
Commonwealth of Australia
Crimes Act 1914
NOTIFICATION OF BREACH UNDER SUBSECTION 19AX (2)
TO: 1, a person subject to a revocation order under subsection 19AU (2) of the Crimes Act 1914:
I, 2, Attorney‑General of the Commonwealth of Australia, under subsection 19AX (2) of the Crimes Act 1914 notify you that:
*(a) you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i) 3; and
(ii) 3; and
*(a) I have reasonable grounds to suspect that you have not complied with the following *condition/*conditions of your *parole order/*licence:
(i) 3; and
(ii) 3; and
(b) I propose to revoke that *parole order/*licence at the end of 14 days after the date of this notice unless:
(i) you give me reasons, in writing, why the *parole order/*licence should not be revoked; and
(ii) I accept those reasons.
This notice has been issued because:
(a) I have been notified by 4, a prescribed authority under
Part 1B of the Crimes Act 1914 that 1 has been brought before *him/*her; and
(b) 4 is not satisfied that 1 was notified by me that I proposed to make the revocation order under subsection 19AU (2) of that Act.
Dated 5.
6
1 insert full name of person
2 insert full name of Attorney‑General
3 list details of each condition which has allegedly been breached
4 insert full name and designation of prescribed authority
5 insert date
6 signature of Attorney‑General
* omit if inapplicable
Form 9—Summons under subsection 19AZ(2)
Commonwealth of Australia
Crimes Act 1914
SUMMONS UNDER SUBSECTION 19AZ (2)
TO: 1
You are summoned under subsection 19AZ (2) of the Crimes Act 1914 to appear before the 2 at 3
at 4 and to attend from day to day, unless you are excused or released from attendance, to give evidence *and/*to produce the following *documents/*and/*articles:
5
1.
5.
2.
Dated 6.
7
8
1 insert name and address of witness
2 insert name of court
3 insert address of court
4 insert time and date
5 insert details of documents or articles
6 insert date
7 signature of prescribed authority
8 designation of prescribed authority
* omit if inapplicable
___________________________________________________________
Note If you are served with a summons under subsection 19AZ (2) of the Crimes Act 1914 and have been paid or offered a reasonable sum for your expenses and then fail to attend as required by the summons, you are guilty of an offence and are liable, on conviction, to a fine not exceeding $1,000.
Form 10—Order and recognisance under subsection 19B(1)
Commonwealth of Australia
Crimes Act 1914
ORDER AND RECOGNISANCE UNDER SUBSECTION 19B (1)
IN THE 1
AT 2
IN THE *STATE OF 3
BETWEEN:
(*Informant/*Appellant)
‑and‑
(*Defendant/*Respondant)
ORDER
THE COURT DISCHARGES the *defendant/*appellant under section 19B of the Crimes Act 1914 without proceeding to conviction upon the *defendant/ *appellant giving security *with *surety/*sureties of $ 4 by
recognisance of $ 5 to comply with the following conditions:
(a) that the *defendant/*appellant is to be of good behaviour for 6 *months/*years; and
(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $ 7 to 8 *by 9;/
*by instalments of $ 10; and
(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $ 7 to 8 *by 9;/
*by instalments of $ 10; and
(d) that the *defendant/*appellant is to comply with the following further conditions:
(i) 11;
(ii) 11.
This Order has been issued because
* the appellant, 12 of 13
appealed to this court against the *sentence/*conviction and sentence imposed by the 2 Magistrates’ Court
on 14 in respect of the following federal *offence/*offences:
(i) 15; and
(ii) 15; and
* the defendant, 12, was charged with the following federal *offence/*offences:
(i) 15; and
(ii) 15; and
the court is satisfied that the *charge is/*charges are proved, but is of the opinion, having regard to:
(a) the character, antecedents, age, health or mental condition of the person; or
(b) the extent to which the *offence is/*offences are of a trivial nature; or
(c) the extent to which the *offence was/*offences were committed under extenuating circumstances;
that
* it is inexpedient to inflict *any punishment/*any punishment other than a nominal punishment.
* it is expedient to release the *defendant/*appellant on probation.
Dated 14.
16
*Judge of 1/*Magistrate/*Registrar
of 1/*Clerk of 1/*Justice of the Peace
RECOGNISANCE
I, 12, the *defendant/*appellant:
(a) have had explained to me:
(i) the purpose and effect of this Order; and
(ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and
(iii) that this Order may be discharged or varied under section 20AA of the Crimes Act 1914; and
(b) agree that I am bound in accordance with this Order; and
(c) agree that I have been given a copy of this Order.
Dated 14.
17
Before me:
18
*Registrar of 1/*Clerk of 1/*Justice of the Peace
UNDERTAKING BY *SURETY/*SURETIES
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.
I agree that I have been given a copy of this Order.
First Surety: 19
Name: 20
Address: 21
Second Surety: 22
Name: 23
Address: 24
2 insert location of court
3 insert State or Territory
4 insert amount of surety or sureties
5 insert amount of recognisance
6 insert period
7 insert amount
8 insert to whom amount is to be paid
9 insert date by which amount must be paid
10 insert details of instalments
11 insert details of further conditions
12 insert name of defendant or appellant
13 insert address of appellant
14 insert date
15 insert details of offences
16 signature of judge, magistrate, registrar, clerk or justice of the peace
17 insert signature of defendant or appellant
18 signature of registrar, clerk or justice of the peace
19 signature of first surety
20 insert full name of first surety
21 insert address of first surety
22 signature of second surety
23 insert full name of second surety
24 insert address of second surety
* omit if inapplicable
Form 11—Order and recognisance under paragraph 20 (1)(a)
Commonwealth of Australia
Crimes Act 1914
ORDER AND RECOGNISANCE UNDER PARAGRAPH 20 (1) (a)
IN THE 1
AT 2
IN THE *STATE OF 3
BETWEEN:
(*Informant/*Appellant)
‑and‑
(*Defendant/*Respondant)
ORDER
THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20 (1) (a) of the Crimes Act 1914 without passing sentence on the *defendant/*appellant upon the *defendant/*appellant giving security *with *surety/*sureties of $ 4 by recognisance of $ 5
to comply with the following conditions:
(a) that the *defendant/*appellant is to be of good behaviour for 6 *months/*years; and
(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $ 7
to 8 *by 9;/*by
instalments of $ 10; and
(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $ 7
to 8 *by instalments of $ 10; and
(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $ 7 to 11
*by 9;/*by instalments of $ 10; and
(e) that the *defendant/*appellant is to comply with the following further conditions:
(i) 12;
(ii) 12.
This Order has been issued because:
*(a) the appellant, 13 of 14 appealed to
this court against the *sentence/*conviction and sentence imposed by the 1 Magistrates’ Court on 15 in respect of the following federal *offence/*offences:
(i) 16; and
(ii) 16; and
*(a) the defendant, 13, was charged with the following federal *offence/*offences:
(i) 16; and
(ii) 16; and
(b) the court has convicted the *defendant/*appellant of the *offence/*offences; and
(c) the court has decided to release the *defendant/*appellant without passing sentence on the *defendant/*appellant complies with the conditions of this Order.
Dated 15.
17
*Judge of 1/*Magistrate/*Registrar of 1/
*clerk of 1/*Justice of the Peace
RECOGNISANCE
I, 13, the *defendant/*appellant:
(a) have had explained to me:
(i) the purpose and effect of this Order; and
(ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and
(iii) that this Order may be discharged or varied under section 20AA of the Crimes Act 1914; and
(b) agree that I am bound in accordance with this Order; and
(c) agree that I have been given a copy of this Order.
Dated 15.
18
Before me:
19
*Registrar of 1/*Clerk of 1/*Justice of the Peace
UNDERTAKING BY *SURETY/*SURETIES
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order. I agree that I have been given a copy of this Order.
First Surety: 20
Name: 21
Address: 22
Second Surety: 23
Name: 24
Address: 25
2 insert location of court
3 insert State or Territory
4 insert amount of surety of sureties
5 insert amount of recognisance
6 insert period
7 insert amount
8 insert to whom amount is to be paid
9 insert date by which amount must be paid
10 insert details of instalments
11 insert to whom penalty is to be paid
12 insert details of further conditions
13 insert name of defendant or appellant
14 insert address of appellant
15 insert date
16 insert details of offences
17 signature of judge, magistrate, registrar, clerk or justice of the peace
18 insert signature of defendant or appellant
19 signature of registrar, clerk or justice of the peace
20 signature of first surety
21 insert full name of first surety
22 insert address of first surety
23 signature of second surety
24 insert full name of second surety
25 insert address of second surety
* omit if inapplicable
Form 12—Order and recognisance under paragraph 20 (1)(b)
Commonwealth of Australia
Crimes Act 1914
ORDER AND RECOGNISANCE UNDER PARAGRAPH 20 (1) (b)
IN THE 1
AT 2
IN THE *STATE OF 3
BETWEEN:
(*Informant/*Appellant)
‑and‑
(*Defendant/*Respondant)
ORDER
THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20 (1) (b) of the Crimes Act 1914 *after serving 4
*month/*months of the term of imprisonment/*forthwith upon the *defendant/*appellant giving security *with *surety/*sureties of $ 5 by
recognisance of $ 6 to comply with the following conditions:
(a) that the *defendant/*appellant is to be of good behaviour for 7 *months/*years; and
(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $ 8 to 9
*by 10;/*by instalments of $ 11; and
(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $ 8 to 9
by 10;/*by instalments of $ 11; and
(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $ 8 to 12
*by 10;/*by instalments of $ 11; and
(e) that the *defendant/*appellant is to comply with the following further conditions:
(i) 13;
(ii) 13.
This Order has been issued because:
*(a) the appellant, 14 of 15 appealed
to this court against the *sentence/*conviction and sentence imposed by the 1 Magistrates’ Court on 16 in respect of the following federal *offence/*offences:
(i) 17; and
(ii) 17; and
*(a) the defendant, 14, was charged with the following federal *offence/*offences:
(i) 17; and
(ii) 17; and
(b) the Court has sentenced the *defendant/*appellant to a term of imprisonment; and
(c) the Court has decided that the *defendant/*appellant be released *after serving *month/*months of the sentence/*forthwith if the *defendant/*appellant complies with the conditions of this Order.
Dated 16.
18
*Judge of 1/*Magistrate/*Registrar of 1/*Clerk of
1/*Justice of the Peace
RECOGNISANCE
I, 14, the *defendant/*appellant:
(a) have had explained to me:
(i) the purpose and effect of this Order; and
(ii) the consequences that may follow if I fail, without reasonable excuse, to comply with the conditions of this Order; and
(iii) that this Order may be discharged or varied under section 20AA of the Crimes Act 1914; and
(b) agree that I am bound in accordance with this Order; and
(c) agree that I have been given a copy of this Order.
Dated 16.
19
Before me:
20
*Registrar of 1/*Clerk of 1/*Justice of the Peace
UNDERTAKING BY *SURETY/*SURETIES
I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.
I agree that I have been given a copy of this Order.
First Surety: 21
Name: 22
Address: 23
Second Surety: 24
Name: 25
Address: 26
2 insert location of court
3 insert State or Territory
4 insert number of months
5 insert amount of surety or sureties
6 insert amount of recognisance
7 insert period
8 insert amount
9 insert to whom amount is to be paid
10 insert date by which amount must be paid
11 insert details of instalments
12 insert to whom penalty is to be paid
13 insert details of further conditions
14 insert name of defendant or appellant
15 insert address of appellant or defendant
16 insert date
17 insert details of offences
18 signature of judge, magistrate, registrar, clerk or justice of the peace
19 signature of defendant of appellant
20 signature of registrar, clerk or justice of the peace
21 signature of first surety
22 insert full name of first surety
23 insert address of first surety
24 signature of second surety
25 insert full name of second surety
26 insert address of second surety
* omit if inapplicable
Form 13—Warrant for arrest under subsection 20BF(3)
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER SUBSECTION 20BF (3)
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
I, 2, 3, a prescribed authority within the meaning of the Crimes Act 1914, under subsection 20BF (3) of that Act, authorise and request you to arrest 4 and bring *him/*her, as soon as practicable, before a magistrate in the *State/*Territory in which *he/*she is arrested to be dealt with according to law.
This warrant is issued because:
(a) the Attorney‑General, under section 20BE of the Crimes Act 1914, ordered that 4 be released from detention; and
(b) the Attorney‑General, under subsection 20BF (1), has revoked that release order.
Dated 5.
6
3
1 insert State or Territory
2 insert full name of prescribed authority
3 insert designation of prescribed authority
4 insert full name of person to whom warrant relates
5 insert date
6 signature of prescribed authority
* omit if inappropriate
Form 14—Warrant under subsection 20BF(5) authorising the detention of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BF (5) AUTHORISING THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914:
(a) under paragraph 20BF (5) (c) of that Act authorise those members
in 1 to take 5 to 2 in 1 and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) under paragraph 20BF (5) (d) of that Act direct the officer in charge
of 2 in 1 to receive 5 into your custody and detain *him/*her for the period of 6.
This warrant is issued because:
(a) the Attorney‑General, under subsection 20BF (1) of the Crimes Act 1914, has revoked the release order relating to 5; and
(b) I am satisfied that:
(i) 5 is the person named in the instrument revoking the release order; and
(ii) the release order has been revoked and the revocation is still in force.
Dated 7.
8
4
1 insert State or Territory
2 insert name of prison or hospital
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert period
7 insert date
8 signature of prescribed authority
* omit if inapplicable
Form 15—Warrant under subsection 20BF(6) authorising the remand of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BF (6) AUTHORISING THE REMAND OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914.
(a) under subsection 20BF (6) of that Act authorise those members in 1
to take 5 to 2
in 1 and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) authorise the officer in charge of 2
in 1 to receive 5
into your custody and keep *him/*her until 6
when you are to have 5 brought before this court at 7.
This warrant is issued on the basis that:
(a) 5 has been brought before me under subsection 20BF (4) of the Crimes Act 1914 ; and
(b) I have not completed the hearing under subsection 20BF (5) of that Act.
Dated 8.
9
4
1 insert State or Territory
2 insert name of prison or hospital
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert time and date
7 insert date
8 signature of prescribed authority
* omit if inapplicable
Form 16—Warrant for arrest under subsection 20BM(3)
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER SUBSECTION 20BM (3)
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
I, 2, 3, a prescribed authority within the meaning of Part 1B of the Crimes Act 1914, under subsection *20BM (3)/*20BT (3) of that Act, authorise and request you to arrest 4 and bring *him/*her, as soon as practicable, before a magistrate in the *State/*Territory in which *he/*she is arrested to be dealt with according to law.
This warrant is issued because:
(a) the Attorney‑General under section *20BL/*20BT of the Crimes Act 1914, ordered that 4 be released from detention; and
(b) the release order relating to 4 has been revoked.
Dated 5.
6
3
1 insert State or Territory
2 insert full name of prescribed authority
3 insert designation of prescribed authority
4 insert full name of person
5 insert date
6 signature of prescribed authority
* omit if inapplicable
Form 17—Warrant under subsection 20BM(5) authorising the detention of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BM (5) AUTHORISING THE DETENTION OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914:
(a) under paragraph 20BM (5) (c) of that Act authorise those members in 1
to take 5 to 2 in 1
and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) under paragraph 20BM (5) (d) of that Act direct the officer in charge
of 2 in 1 to receive 5 into your custody and detain *him/*her for the period of 6.
This warrant is issued because:
(a) the Attorney‑General under subsection 20BM (1) of the Crimes Act 1914 has revoked the release order relating to 5; and
(b) I am satisfied that:
(i) 5 is the person named in the instrument revoking the release order; and
(ii) the release order has been revoked and the revocation is still in force.
Dated 7.
8
4
1 insert State or Territory
2 insert name of prison or hospital
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert period
7 insert date
8 signature of prescribed authority
* omit if inapplicable
Form 18—Warrant under subsection 20BM(6) authorising the remand of a person
Commonwealth of Australia
Crimes Act 1914
WARRANT UNDER SUBSECTION 20BM (6) AUTHORISING THE REMAND OF A PERSON
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
AND to the officer in charge of 2 in 1:
I, 3, 4, a prescribed authority under Part 1B of the Crimes Act 1914:
(a) under subsection 20BM (6) of that Act authorise those members
in 1 to take 5 to 2 in 1
and deliver *him/*her to the officer in charge of that *prison/*hospital, together with this warrant; and
(b) authorise the officer in charge of 2 in 1
to receive 5 into your custody and keep
*him/*her until 6 when you are to have 5
brought before this court at 7.
This warrant is issued on the basis that:
(a) 5 has been brought before me under subsection 20BM (4) of the Crimes Act 1914; and
(b) I have not completed the hearing under subsection 20BM (5) of that Act.
Dated 8.
9
4
1 insert State or Territory
2 insert name of prison or hospital
3 insert full name of prescribed authority
4 insert designation of prescribed authority
5 insert full name of person
6 insert time and date
7 insert address of court
8 insert date
9 signature of prescribed authority
* omit if inapplicable
Form 19—Summons under *paragraph 20BW(1)(a)/*section 20BY
Commonwealth of Australia
Crimes Act 1914
SUMMONS UNDER *PARAGRAPH 20BW (1) (a)/*SECTION 20BY
IN THE 1
AT 2
IN THE *STATE OF 3
(Informant)
‑and‑
(Defendant)
To: 4
You are summoned under *paragraph 20BW (1) (a)/*section 20BY of the Crimes Act 1914 to appear before the 5 at 6
at 7 to answer the information alleging the breach of the following *condition/*conditions of the order under section *20BV/*20BY of that Act:
(a) 8; and
(b) 8;
and to be further dealt with according to law.
Dated 9.
10
11
2 insert location of court
3 insert State or Territory
4 insert name of person
5 insert name of court
6 insert address of court
7 insert time and date
8 list details of alleged breaches of conditions
9 insert date
10 signature of magistrate
11 designation of magistrate
* omit if inapplicable
Form 20—Warrant for arrest under *paragraph 20BW(1)(b)/*section 20BY
Commonwealth of Australia
Crimes Act 1914
WARRANT FOR ARREST UNDER *PARAGRAPH 20BW (1) (b)/*SECTION 20BY
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
I, 2, 3:
(a) under *paragraph 20BW (1) (b)/*section 20BY of the Crimes Act 1914, authorise and request you to arrest 4 and bring *him/*her, as soon as practicable, before this court; and
(b) authorise you to detain 4 in custody until dealt with according to law.
This warrant is issued because:
(a) an order under section *20BV/*20BY of the Crimes Act 1914 has been made in relation to 4; and
(b) information has been laid on oath before me of the following *breach/*breaches of the conditions of the order:
(i) 5; and
(ii) 5; and
(c) I am of the opinion that proceedings against 4 by summons might not be effective.
Dated 6.
7
4
1 insert State or Territory
2 insert full name of magistrate
3 insert designation of magistrate
4 insert full name of person
5 list details of alleged breaches of conditions
6 insert date
7 signature of magistrate
* omit if inapplicable
Form 21—Warrant of arrest under *subsection 20BW(2)/*section 20BY
Commonwealth of Australia
Crimes Act 1914
WARRANT OF ARREST UNDER *SUBSECTION 20BW (2)/
*SECTION 20BY
TO: *all members and special members of the Australian Federal Police:/*all members of the police force of 1:
I, 2, 3:
(a) under subsection 20BW (2)/*section 20BY of the Crimes Act 1914, authorise and request you to arrest 4 and to bring *him/*her, as soon as practicable, before this court; and
(b) under *subsection 20BW (3)/*section 20BY of that Act, authorise you to detain 4 in custody until *he/*she is released by order of this court or under subsection 20BW (4) of that Act.
This warrant is issued because 4
* is a person who has been served with a summons issued under *subsection 20BW (1)/*section 20BY of the Crimes Act 1914 and *he/*she failed to attend before the court as required by the summons.
* is a person who has been admitted to bail under *subsection 20BW (4)/*section 20BY of the Crimes Act 1914 and *he/*she failed to attend before the court as required by the conditions of the bail.
Dated 5.
6
3
1 insert State or Territory
2 insert full name of magistrate
3 insert designation of magistrate
4 insert full name of person
5 insert date
6 signature of magistrate
* omit if inapplicable
Form 22—Certificate under subsection 21B(3)
Commonwealth of Australia
Crimes Act 1914
CERTIFICATE UNDER SUBSECTION 21B (3)
IN THE 1
AT 2
IN THE *STATE OF 3
BETWEEN:
(Informant)
‑and‑
(Defendant)
I, 4, 5, hereby certify that on
6 the court ordered that the defendant is to pay $ 7
to 8 by 9.
Dated 10.
11
5
2 insert location of court
3 insert State or Territory
4 insert full name of clerk or appropriate officer
5 insert designation of officer
6 insert date of order
7 insert amount
8 insert to whom amount is to be paid
9 insert date by which amount is to be paid
10 insert date
11 signature of clerk or appropriate officer
Note You have been convicted of a federal offence under the Crimes Act 1914 or, under section 19B of that Act, you have been discharged without conviction and the court has ordered you to make reparation to the Commonwealth or a public authority under the Commonwealth by payment of an amount of money or otherwise. This payment is in addition to any fine or other penalty imposed by the court. The above certificate when filed in a court of civil jurisdiction is enforceable as a final judgement of the court in which it is filed.
Schedule 3A—Aboriginal legal aid organisations
(regulation 6A)
Aboriginal and Torres Strait Islanders Corporation (Q.E.A.) for Legal Services
Aboriginal Legal Rights Movement Incorporated
Aboriginal Legal Service Ltd
Aboriginal Legal Service of Western Australia (Inc.)
Central Australian Aboriginal Legal Aid Service Incorporated
Charleville and South West Queensland Aboriginal and Torres Strait Islander Corporation for Legal Services
Ipswich Regional Aboriginal and Torres Strait Islanders Corporation for Legal Services
Katherine Regional Aboriginal Legal Aid Service Inc.
Mackay and Districts Aboriginal and Torres Strait Islanders Corporation for Legal Aid Services
Njiku Jowan Legal Service (N.Q.) Ltd.
North Australian Aboriginal Legal Aid Service Inc.
Pitjantjatjara Council Incorporated
Q.E.C. Aboriginal and Torres Strait Islanders Corporation for Legal Services
South Coast Aboriginal Legal Service Ltd
South East Queensland Aboriginal Corporation for Legal Services
T.S.N.P. Torres Strait Islanders and Aboriginal Corporation for Legal Services
Tasmanian Aboriginal Centre Incorporated
Tharpuntoo Legal Service Aboriginal Corporation
Townsville and Districts Aboriginal and Torres Strait Islanders Corporation for Legal Aid Services
Victorian Aboriginal Legal Service Co‑operative Limited
West Queensland Aboriginal and Torres Strait Islanders Corporation for Legal Aid
Western Aboriginal Legal Service Ltd
Schedule 3B—Appropriately qualified persons
(regulation 6B)
Item | Forensic procedure | Qualified person |
1 | external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
2 | taking of a sample of blood | forensic scientist forensic technician for a fingerprick only: constable |
3 | taking of a sample of saliva, or a sample by buccal swab | forensic scientist forensic technician constable |
4 | taking of a sample of pubic hair | forensic scientist forensic technician |
5 | taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
6 | taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
7 | taking of a photograph of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts | medical practitioner forensic scientist forensic technician |
8 | external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing | forensic scientist forensic technician constable |
9 | taking of a sample of hair other than pubic hair | forensic scientist forensic technician |
10 | taking of a sample from a nail or from under a nail | forensic scientist forensic technician |
11 | taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
12 | taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | forensic scientist forensic technician |
13 | taking of a photograph of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts | for a photograph: constable medical practitioner forensic scientist forensic technician for an impression or cast of a wound: medical practitioner forensic scientist forensic technician |
Schedule 3C—Provisions of corresponding laws taken to correspond to particular Divisions of Part 1D of the Act
(subregulation 6E(2))
Item | Part 1D provisions | Corresponding provisions |
1 | Division 3 (Forensic procedures on suspect by consent) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 3 Crimes Act 1958 (Victoria), sections 464R and 464S Police Powers and Responsibilities Act 2000 (Queensland), Part 2 and Division 2 of Part 5 of Chapter 8A and section 318ZL Criminal Investigation (Identifying People) Act 2002 (Western Australia), sections 37 to 41, 49, 50 and subsection 51 (1) Criminal Law (Forensic Procedures) Act 1998 (South Australia), Divisions 1 and 2 of Part 3 Forensic Procedures Act 2000 (Tasmania), Divisions 1 and 2 of Part 2 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.3 |
2 | Division 4 (Non‑intimate forensic procedures on suspect by order of a senior constable) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 4 Police Powers and Responsibilities Act 2000 (Queensland), Divisions 1 to 3 of Part 4 of Chapter 8A, sections 308, 309 and 310, and Part 6 of Chapter 8A Criminal Investigation (Identifying People) Act 2002 (Western Australia), sections 42 to 44 and subsections 51 (2) and (3) Criminal Law (Forensic Procedures) Act 1998 (South Australia), Divisions 1 and 3 to 8 of Part 3 Forensic Procedures Act 2000 (Tasmania), Divisions 1 and 3 of Part 2 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.4 |
3 | Division 5 (Forensic procedures on suspect by order of a magistrate) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 5 Crimes Act 1958 (Victoria), sections 464T to 464X Police Powers and Responsibilities Act 2000 (Queensland), Part 3 of Chapter 8A and sections 311 and 313 Criminal Investigation (Identifying People) Act 2002 (Western Australia), sections 45 and 46 |
| | Criminal Law (Forensic Procedures) Act 1998 (South Australia), Divisions 1 and 3 to 8 of Part 3 Forensic Procedures Act 2000 (Tasmania), Divisions 1, 4 and 5 of Part 2 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.5 |
4 | Division 6 (Carrying out forensic procedures on suspects) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 6 Crimes Act 1958 (Victoria), sections 464Y to 464ZD Police Powers and Responsibilities Act 2000 (Queensland), sections 278 and 279, Part 4, Divisions 1 to 3 of Part 5 and Parts 6, 7 and 8 of Chapter 8A Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 8 Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 2, Divisions 1 to 4 of Part 4 and Division 1 of Part 4A Forensic Procedures Act 2000 (Tasmania), Part 5 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.6 |
5 | Division 6A (Carrying out of certain forensic procedures after conviction of serious and prescribed offenders) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 7 Crimes Act 1958 (Victoria), sections 464ZF and 464ZFA Police Powers and Responsibilities Act 2000 (Queensland), sections 312, 313 and 315 Criminal Investigation (Identifying People) Act 2002 (Western Australia), Schedule 1 Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 3A, Division 1A of Part 4 and Division 1 of Part 4A Forensic Procedures Act 2000 (Tasmania), Part 3 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.7 |
6 | Division 6B (Carrying out of forensic procedures on volunteers and certain other persons) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 8 Crimes Act 1958 (Victoria), sections 64ZGB to 64ZGF Police Powers and Responsibilities Act 2000 (Queensland), Part 2 and Division 2 of Part 5 of Chapter 8A and section 318ZL Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 4, Division 2 |
| | Criminal Law (Forensic Procedures) Act 1998 (South Australia), Parts 2A and 2B and Division 3 of Part 4A Forensic Procedures Act 2000 (Tasmania), Part 4 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.8 |
7 | Division 7 (Admissibility of evidence) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 9 Crimes Act 1958 (Victoria), section 464ZE Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 11 Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 5 Forensic Procedures Act 2000 (Tasmania), Part 6 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.9 |
8 | Division 8 (Destruction of forensic material) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 10 Crimes Act 1958 (Victoria), sections 464ZFB, 464ZFC, 464ZG and 464ZGA Police Powers and Responsibilities Act 2000 (Queensland), Division 4 of Part 4 of Chapter 8A and section 318H |
| | Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 9 Criminal Law (Forensic Procedures) Act 1998 (South Australia), Division 4 of Part 4A Forensic Procedures Act 2000 (Tasmania), Part 7 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.10 |
9 | Division 8A (DNA database system) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 11 Crimes Act 1958 (Victoria), section 464ZFD and sections 464ZGG to 64ZGK Police Powers and Responsibilities Act 2000 (Queensland), Division 6 of Part 5 and Part 10 of Chapter 8A Police Powers and Responsibilities Regulation 2000 (Queensland), Part 2A and Schedules 1 and 7 Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 10 Criminal Law (Forensic Procedures) Act 1998 (South Australia), Part 5A Forensic Procedures Act 2000 (Tasmania), Part 8 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.11 |
10 | Division 11 (Interjurisdictional enforcement) | Crimes (Forensic Procedures) Act 2000 (New South Wales), Part 12 Crimes Act 1958 (Victoria), sections 464ZGL to 64ZGO Police Powers and Responsibilities Act 2000 (Queensland), Parts 9 and 11 of Chapter 8A Police Powers and Responsibilities Regulation 2000 (Queensland), Schedule 7 Criminal Investigation (Identifying People) Act 2002 (Western Australia), Part 12 Criminal Law (Forensic Procedures) Act 1998 (South Australia), section 51 Forensic Procedures Act 2000 (Tasmania), Part 9 Crimes (Forensic Procedures) Act 2000 (Australian Capital Territory), Part 2.13 |
Schedule 4—Spent convictions—exclusions from privacy provisions
(regulation 8)
Column 1 Item No. | Column 2 Prescribed persons
and bodies | Column 3 Prescribed purposes | Column 4 Prescribed offences |
1 | Commonwealth authorities | (1) Assessing the suitability of a person to be employed, or otherwise engaged, in work that is likely to involve access to national security information classified as secret or top secret | All offences |
| | (2) Providing assistance to a person referred to in paragraph 85ZZH(d) of the Act in relation to the making of a decision referred to in that paragraph | All offences |
2 | The Defence Force | Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors | Designated offences |
3 | The Director of Military Prosecutions referred to in section 188G of the Defence Force Discipline Act 1982 or a prosecutor referred to in rule 37 of the Summary Authority Rules. | Considering whether to prosecute and making submissions and decisions as to sentence | All offences |
4 | Australian Customs Service | (1) Assessing the suitability of a person to have responsibility for matters relating to law enforcement | All offences |
| | (2) Considering whether to prosecute and making submissions as to sentence | All offences |
5 | Governments of Queensland, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory | Assessing the suitability of a person for appointment as a justice of the peace | All offences |
6 | Prison administrations in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania and the Northern Territory | Assessing the suitability of a person to have responsibility for the care or control of prisoners | Offences involving violence |
7 | A person who, or body which, employs or otherwise engages persons to provide care for the disabled in residential settings in Victoria | Assessing the suitability of a person to have responsibility for the care of the disabled in a residential setting | Offences involving violence |
8 | Commonwealth Government and Governments of Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory | Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino | All offences |
9 | Government of Tasmania | Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board | Drug offences |
10 | Poppy Advisory and Control Board, Tasmania | (1) Assessing the suitability of a person to be the holder of a licence to grow opium poppies | Drug offences |
| | (2) Assessing the suitability of a person to be employed, or otherwise engaged, by the Poppy Advisory and Control Board, Tasmania in connection with: | Drug offences |
| | (a) the processing of applications for licences to grow opium poppies; or | |
| | (b) the monitoring of the growing of opium poppies | |
11 | Persons or bodies lawfully engaged in the growing of opium poppies or the production of opiate alkaloids | Assessing the suitability of a person to be employed, or otherwise engaged, in connection with the growing of opium poppies or the production of opiate alkaloids | Drug offences |
12 | Public libraries, university libraries, public archives offices and the Australian War Memorial | Making available material for research, reference or study | All offences |
13 | Respite Care ACT Incorporated, the Australian Capital Territory | Assessing the suitability of a person to have responsibility for the care of a disabled or aged person in the disabled or aged person’s home | Offences against the person |
14 | An issuing body (within the meaning of regulation 6.01 of the Aviation Transport Security Regulations 2005) | Assessing whether to issue an aviation security identification card (within the meaning of regulation 1.03 of the Aviation Transport Security Regulations 2005) to a person in accordance with Part 6 of those Regulations | Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) Offences against Part 5.3 of the Criminal Code |
15 | A person who, or body which, employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided | Assessing the suitability of a person to be employed, or otherwise engaged for financial reward, in work that is likely to involve direct contact with minors | Designated offences |
16 | Australian Securities and Investments Commission | (1) Considering whether to prosecute and making submissions as to sentence | All offences |
| | (2) Assessing the suitability of a person: | All offences |
| | (a) to be a member of the Australian Securities and Investments Commission: or | |
| | (b) to be employed by the Australian Securities and Investments Commission; or | |
| | (c) to be engaged as a consultant to the Australian Securities and Investments Commission; or | |
| | (d) to be engaged to perform services for the Australian Securities and Investments Commission | |
17 | A person who, or body which, employs or otherwise engages persons to provide advocacy or care for intellectually disabled persons | Assessing the suitability of a person: (a) to act as an advocate for an intellectually disabled person; or (b) to have responsibility for the care of an intellectually disabled person | Offences against the person |
18 | Australian Capital Territory Corrective Services | Assessing the suitability of a person to have responsibility for the care or control of prisoners | Offences involving violence |
| | Example for item 18: ‘Prisoner’ includes a detainee under: - Custodial Escorts Act 1998 (ACT)
- Periodic Detention Act 1995 (ACT)
- Remand Centres Act 1976 (ACT)
| |
19 | A person who, or body which, employs or otherwise engages persons to care for or control a detainee under the Migration Act 1958 | Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958 | Offences involving violence |
20 | An issuing body (within the meaning given by regulation 6.07B of the Maritime Transport and Offshore Facilities Security Regulations 2003) | Assessing whether to issue a MSIC (maritime security identification card) to a person in accordance with Subdivision 6.1A.4 of the Maritime Transport and Offshore Facilities Security Regulations 2003 | (1) Offences against Part 4 of the Australian Passports Act 2005 (2) Offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914 (3) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) |
| | | (4) Offences against Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code |
| | | (5) Offences against section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 (6) Offences against Division 10 of Part IV of the Navigation Act 1912 (7) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
21 | The Secretary of the Attorney‑General’s Department and AusCheck staff members (within the meaning of subsection 4 (1) of the AusCheck Act 2007) | For the purposes of the AusCheck scheme (within the meaning of subsection 4 (1) of the AusCheck Act 2007) | (1) For an applicant for, or holder of, an aviation security identification card (within the meaning of subsection 4 (1) of the AusCheck Act 2007): (a) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and |
| | | (b) offences against Part 5.3 of the Criminal Code |
| | | (2) For an applicant for, or holder of, a maritime security identification card (within the meaning of subsection 4 (1) of the AusCheck Act 2007): (a) offences against Part 4 of the Australian Passports Act 2005; and |
| | | (b) offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914; and (c) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and |
| | | (d) offences against Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code; and |
| | | (e) offences against section 233, 233A, 233BAA or 233BAB of the Customs Act 1901; and |
| | | (f) offences against Division 10 of Part IV of the Navigation Act 1912; and (g) offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
| | | (3) For an individual required to undergo, or who has undergone, a NHS check (within the meaning of the Security‑sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007): (a) offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914; and |
| | | (b) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and |
| | | (c) offences against Part 5.1 or 5.3 of the Criminal Code; and (d) offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 |
22 | The Secretary of the Department administering the Aviation Transport Security Act 2004 | Assessing whether to approve the issue of an aviation security identification card to a person in accordance with regulation 6.29 of the Aviation Transport Security Regulations 2005 | (1) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) (2) Offences against Part 5.3 of the Criminal Code |
23 | The Secretary of the Department administering the Maritime Transport and Offshore Facilities Security Act 2003 | Assessing whether to approve the issue of a maritime security identification card to a person in accordance with regulation 6.08F of the Maritime Transport and Offshore Facilities Security Regulations 2003 | (1) Offences against Part 4 of the Australian Passports Act 2005 (2) Offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914 | |
| | | (3) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) | |
| | | (4) Offences against Division 73, Chapter 5 or Division 145, 307 or 400 of the Criminal Code | |
| | | (5) Offences against section 233, 233A, 233BAA or 233BAB of the Customs Act 1901 | |
| | | (6) Offences against Division 10 of Part IV of the Navigation Act 1912 | |
| | | (7) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 | |
24 | An entity to which Division 5 of Part 3 of the National Health Security Act 2007 applies | Assessing whether to authorise a person under clause 3.3 of the Security‑sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 | (1) Offences against section 24AA, 24AB, 25, 27 or 29 of the Crimes Act 1914 (2) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) | |
| | | (3) Offences against Part 5.1 or 5.3 of the Criminal Code (4) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 | |
| | | | | |
Schedule 5—Transitional matters relating to Crimes Legislation Amendment (Serious and Organised Crime) Act 2010
(regulation 11)
Part 1—Chief officers’ annual reports
1.01 A report required to be laid before each House of Parliament under section 15HN of the Crimes Act 1914 may be combined with a report required to be laid before each House of Parliament under section 15T of the Crimes Act 1914, as continued in force by Schedule 3 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Part 2—Pre‑commencement controlled operation
2.01 These Regulations, as in force immediately before commencement, continue to apply after commencement to a pre‑commencement controlled operation.
2.02 In this Part:
commencement means the commencement of Schedule 3 to the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010.
Part 3—Assumed identity authorisations—jurisdictions that are not participating jurisdictions
3.01 The provisions are the following.
4BB Definition of authorising persons—prescribed classes for State or Territory participating agencies (Act s 15XA)
For paragraph (b) of the definition of authorising person in subsection 15XA(1) of the Act, the following classes of persons in a State or Territory participating agency are prescribed:
(d) if the participating agency is the Western Australia Police Force—any commissioned officer, within the meaning of section 6 of the Police Act 1892 (WA), who has been appointed as a Deputy Commissioner or Assistant Commissioner, as provided under section 9 of that Act;
(g) if the participating agency is the Police Force of the Northern Territory:
(i) any Deputy Commissioner of Police, within the meaning of section 7 of the Police Administration Act (NT); or
(ii) any Assistant Commissioner of Police, within the meaning of section 8 of that Act.
4BC Definition of State or Territory participating agency—prescribed bodies
For paragraph (d) of the definition of State or Territory participating agency in subsection 15XA(1) of the Act, the Royal Commission appointed under section 5 of the Royal Commissions Act 1968 (Western Australia) by Commission dated 12 December 2001 is prescribed.
